Indiana § 4-15-10-8 - Civil air patrol emergency service operations

§ 4-15-10-8. Civil air patrol emergency service operations

Sec. 8. (a) For purposes of this section, "civil air patrol" refers to the Indiana wing of the civil air patrol.

(b) For purposes of this section, "emergency service operation" includes the following operations of the civil air patrol:

(1) Search and rescue missions designated by the Air Force Rescue Coordination Center.

(2) Disaster relief, when requested by the Federal Emergency Management Agency or the department of homeland security established by IC 10-19-2-1.

(3) Humanitarian services, when requested by the Federal Emergency Management Agency or the department of homeland security established by IC 10-19-2-1.

(4) United States Air Force support designated by the First Air Force, North American Aerospace Defense Command.

(c) An employee may not be disciplined for absence from work if:

(1) the employee is a member of the civil air patrol;

(2) the employee has notified the employee's immediate supervisor in writing that the employee is a member of the civil air patrol;

(3) in the event that the employee has already reported for work on the day of the emergency service operation, the employee secures authorization from the employee's supervisor to leave the employee's duty station before leaving to engage in the emergency service operation; and

(4) the employee presents a written statement to the employee's immediate supervisor from the commander or other officer in charge of the civil air patrol indicating that the employee was engaged in an emergency service operation at the time of the employee's absence from work.

As added by P.L.10-2007, SEC.1. Amended by P.L.1-2009, SEC.10.

IC 4-15-10.5Chapter 10.5. Office of Administrative Law Proceedings

4-15-10.5-1Application of chapter 4-15-10.5-2Entities to which the chapter does not apply 4-15-10.5-3"Administrative law judge" 4-15-10.5-4"Agency" 4-15-10.5-5"Director" 4-15-10.5-6"Office" 4-15-10.5-7Office established as separate department 4-15-10.5-8Director 4-15-10.5-9Provision of office, rooms, and staff 4-15-10.5-10Duties of director 4-15-10.5-11Contracts; rules 4-15-10.5-12Jurisdiction 4-15-10.5-13Assigning administrative law judges; considerations 4-15-10.5-14Procedures 4-15-10.5-15Qualifications of administrative law judges 4-15-10.5-16Provision of space and administrative support by agency

IC 4-15-10.5-1Application of chapter Sec. 1. (a) This chapter applies when an agency is required to assign, appoint, or otherwise make use of an individual to act in the capacity of an administrative law judge to preside over administrative proceedings to review a disputed agency action for the agency.

(b) Except as provided in subsection (d) and section 2 of this chapter, this chapter applies to each state agency that has the authority to employ or engage one (1) or more administrative law judges to adjudicate contested cases.

(c) This chapter applies to the Indiana department of health in matters concerning the involuntary transfer or discharge of a resident of a health facility.

(d) This chapter does not apply to an agency that uses a board or commission to act in the capacity of an administrative law judge to preside over administrative proceedings, and should not be construed as limiting an agency's ability to use its board or commission to act in the capacity of an administrative law judge to preside over administrative proceedings to review a disputed agency action for the agency.

As added by P.L.205-2019, SEC.4. Amended by P.L.171-2025, SEC.1.

IC 4-15-10.5-2Entities to which the chapter does not apply Sec. 2. This chapter does not apply to:

(1) the department of workforce development;

(2) the unemployment insurance review board of the department of workforce development;

(3) the worker's compensation board of Indiana;

(4) the Indiana utility regulatory commission;

(5) the department of state revenue;

(6) the department of local government finance;

(7) the Indiana board of tax review;

(8) the Indiana education employment relations board;

(9) the state employees appeals commission; or

(10) before July 1, 2022, any other agency or category of proceeding determined by the governor to be exempt from this chapter for good cause.

As added by P.L.205-2019, SEC.4. Amended by P.L.128-2024, SEC.2; P.L.92-2025, SEC.1.

IC 4-15-10.5-3"Administrative law judge" Sec. 3. As used in this chapter, "administrative law judge" means an individual who presides over an administrative proceeding that results in a finding of fact determining the legal rights, duties, or privileges of a party after an opportunity for an evidentiary hearing.

As added by P.L.205-2019, SEC.4.

IC 4-15-10.5-4"Agency" Sec. 4. (a) Except as provided in subsection (b), as used in this chapter, "agency" means an authority, board, branch, bureau, commission, committee, council, department, division, office, service, or other instrumentality of the executive, including the administrative, department of state government. The term does not include any of the following:

(1) Any body corporate and politic set up as an instrumentality of the state.

(2) Any private, nonprofit, government related corporation.

(3) The judicial department of state government.

(4) The legislative department of state government.

(5) A state educational institution.

(6) A political subdivision.

(b) The term includes a state educational institution if the office, pursuant to IC 21-39.5-6-2(d), reviews a state educational institution's final decision regarding a violation of IC 21-39.5 and issues an opinion on behalf of the commission for higher education.

As added by P.L.205-2019, SEC.4. Amended by P.L.113-2024, SEC.1.

IC 4-15-10.5-5"Director" Sec. 5. As used in this chapter, "director" means the director of the office of administrative law proceedings.

As added by P.L.205-2019, SEC.4.

IC 4-15-10.5-6"Office" Sec. 6. As used in this chapter, "office" means the office of administrative law proceedings established by section 7 of this chapter. The term includes the director.

As added by P.L.205-2019, SEC.4.

IC 4-15-10.5-7Office established as separate department Sec. 7. The office of administrative law proceedings is established as a separate department within the state personnel department.

As added by P.L.205-2019, SEC.4.

IC 4-15-10.5-8Director Sec. 8. The office shall have a director who is responsible for administering the office. The governor shall appoint the director.

As added by P.L.205-2019, SEC.4.

IC 4-15-10.5-9Provision of office, rooms, and staff Sec. 9. The state personnel department shall provide offices, rooms, and staff assistance to the director for the office.

As added by P.L.205-2019, SEC.4.

IC 4-15-10.5-10Duties of director Sec. 10. The director shall do the following:

(1) Hire or contract with administrative law judges and other employees as necessary to carry out the purposes of this chapter.

(2) Assign administrative law judges from the office to preside over administrative proceedings.

(3) Adopt rules under IC 4-22-2 establishing a code of judicial conduct for administrative law judges. The code of judicial conduct for administrative law judges applies to each person acting as an administrative law judge for the office.

(4) Receive complaints alleging violations of the code of judicial conduct for administrative law judges, investigate the complaints, and take administrative or disciplinary action as deemed appropriate and warranted.

(5) Establish and administer a program to train and educate administrative law judges.

(6) Require all administrative law judges for the office to annually complete a number of hours of training and education determined by the director.

(7) Provide and coordinate education for administrative law judges on the code of judicial conduct for administrative law judges, professionalism, administrative practices, and other subjects necessary to carry out the purposes of this chapter.

(8) Render advisory opinions to administrative law judges concerning the code of judicial conduct for administrative law judges. Information and advice contained in an advisory opinion are considered:

(A) specific to the person who requests the opinion and to the facts presented; and

(B) confidential records under IC 5-14-3-4(b)(6).

(9) Consult with agency heads on hiring and performance evaluations of administrative law judges for the agencies of the agency heads.

As added by P.L.205-2019, SEC.4. Amended by P.L.93-2024, SEC.7.

IC 4-15-10.5-11Contracts; rules Sec. 11. The office may:

(1) enter into contracts or agreements; and

(2) adopt rules under IC 4-22-2;

necessary to carry out the purposes of this chapter.

As added by P.L.205-2019, SEC.4.

IC 4-15-10.5-12Jurisdiction Sec. 12. (a) Except as provided in sections 1 and 2 of this chapter, the office has jurisdiction over all administrative proceedings concerning agency administrative actions under:

(1) IC 4-21.5; or

(2) any other statute that requires or allows the office to take action.

(b) Except as provided in subsection (c), the office is the ultimate authority in any administrative proceeding under its jurisdiction. Judicial review under IC 4-21.5 shall be taken directly from a final decision of the office.

(c) The office is not the ultimate authority if:

(1) a particular agency or agency action is exempted under Indiana law; or

(2) an agency is required by federal mandate, as a condition of federal funding, to conduct or render a final order in an adjudication.

As added by P.L.205-2019, SEC.4. Amended by P.L.128-2024, SEC.3.

IC 4-15-10.5-13Assigning administrative law judges; considerations Sec. 13. (a) The director shall assign one (1) or more administrative law judges to:

(1) one (1) or more agencies to handle all administrative proceedings filed with that agency or agencies; or

(2) preside over any administrative proceeding filed within an agency.

(b) When assigning an administrative law judge to an agency or an administrative proceeding, the director shall consider an administrative law judge's experience, technical competence, and specialized knowledge.

As added by P.L.205-2019, SEC.4.

IC 4-15-10.5-14Procedures Sec. 14. (a) The procedures of the office in an administrative proceeding are governed by:

(1) IC 4-21.5; or

(2) if IC 4-21.5 does not apply, any other statute that governs an agency's administrative proceedings.

(b) The office shall render its decisions in writing.

As added by P.L.205-2019, SEC.4.

IC 4-15-10.5-15Qualifications of administrative law judges Sec. 15. (a) Except as provided in subsection (b), an administrative law judge employed by the office must be:

(1) a citizen of Indiana; and

(2) an attorney in good standing admitted to the practice of law in Indiana.

(b) An individual who does not meet the requirement under subsection (a)(2) but who served as an administrative law judge for an agency in Indiana before May 1, 2019, may be employed by the office as an administrative law judge.

As added by P.L.205-2019, SEC.4.

IC 4-15-10.5-16Provision of space and administrative support by agency Sec. 16. An agency must provide office space, hearing rooms, and administrative support for administrative proceedings for the agency.

As added by P.L.205-2019, SEC.4.

IC 4-15-11Chapter 11. Legal Defense of State Employees

4-15-11-1"Officer or employee of the state" 4-15-11-2Representation by attorney general or appointed counsel 4-15-11-3Reimbursement of expenses; applications; approval; payment 4-15-11-4Reimbursement of expenses; hearing; questioning of officer or employee 4-15-11-5Judicial review 4-15-11-6Subrogation